Notice

                                                                                                            Case No: 19119/2023
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                          (WESTERN CAPE DIVISION, CAPE TOWN)
                          CAPE TOWN, 2023-11-07, Before the Honourable MS JUSTICE MANTAME
                     In the matter between: The National Director of Public Prosecutions Applicant
  In re: In re: Application for a preservation of property order in terms of section 38 of the Prevention of Organised Crime
  Act, 121 of 1998, in respect of a white Chevrolet Optra with Registration number CA 457 472.
                                                           ANNEXURE A
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
             The National Director of Public Prosecutions applied for and was granted a preservation of property order in
  terms of section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa
  (Western Cape Division, Cape Town) on 07 November 2023, in case number 19119/2023, in relation to: A white
  Chevrolet Optra with Registration number CA 457 472, that were seized on 29 August 2018 near Nuwerus, Western
  Cape, held under Reference SAP13/41/2018 and Docket reference NUWERUS CAS 19/08/2018, (a copy of the
  application and order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to all persons who may have an interest in the property described above.
  Take notice that:
  1) If you have an interest in the property, you should understand that it is now at risk. You are advised to obtain legal
  advice on whether your interest can be protected and, if so, on how to protect it.
  2) You are notified that the National Director will, within 90 days of publication of this notice, apply to the High Court
  under section 48 of the POCA for a forfeiture order. The preservation order will remain in force until the application for
  a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
  3) If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding your interest
  from a forfeiture order in respect of the property, you must enter an appearance in terms of the order. The requirements
  for such an appearance are set out in the order and are also dealt with in sections 39(3), (4) and (5) of the POCA. An
  appearance must comply with these requirements and must be delivered to the office of the State Attorney at the
  address mentioned in paragraph 9, below.
  4) Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an appearance
  referred to in paragraph 3 above.
  5) If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice of the application by
  the applicant for a forfeiture order in respect of the property.
  6) If you fail to enter an appearance in terms of the order or to comply with the above requirements, you will not be
  given notice of the application for a forfeiture order and you will not be entitled to appear at the hearing of the application.
  In such a case, the court may grant a default order forfeiting the property to the state under section 53 of the POCA.
  7) You may, on good cause shown (including the non-availability of any other suitable remedy to protect your legitimate
  rights or interests), on 3 days' notice in urgent instances and at least 7 days' notice in other instances to the applicant,
  and within 8 days of becoming aware of the order, apply for reconsideration of the order.
  8) You are specifically advised that even if you intend to apply for reconsideration of the preservation order in this case,

  you must, in addition, comply with paragraphs 4 and 5 above if you intend to oppose the forfeiture application at a later
  date. Failure to do so can result in a forfeiture order being granted against the property by default and without further
  notice to you.
  9) Whenever this Order states that you must deliver or serve any notice, affidavit or other process document on the
  Applicant, you must deliver or serve them on the Applicant at the following address:- The State Attorney: Mr. Z Karjiker,
  4th Floor, 22 Long Street Cape Town. His contact details are as follows: Private Bag X 9001, Cape Town, 8000.
  Tel: (021) 441-9200 and Fax: (021) 421-9364. Email: ZKarjiker@justice.gov.za.
             National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: 021 441
  9200.
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18  No. 49930                       GOVERNMENT GAZETTE, 22 December 2023